46 U.S.C. § 2101
Section 2101 · General definitions
Current version, with additions and removals from the November 25, 2002 version.
In this subtitle—
In this subtitle—
(1) “associated equipment”—
(1) "associated equipment"—
(A) means—
(A) means—
(i) a system, accessory, component, or appurtenance of a recreational vessel; or
(i) a system, accessory, component, or appurtenance of a recreational vessel; or
(ii) a marine safety article intended for use on board a recreational vessel; but
(ii) a marine safety article intended for use on board a recreational vessel; but
(B) does not include radio equipment.
(2) “barge” means a non-self-propelled vessel.
(3) “Boundary Line” means a line established under section 2(b) of the Act of February 19, 1895 (33 U.S.C. 151).
(3a) “citizen of the United States” means a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) or an individual citizen of the Trust Territory of the Pacific Islands who is exclusively domiciled in the Northern Mariana Islands within the meaning of section 1005(e) of the Covenant to establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U.S.C. 1681 note).1
(B) with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes, does not include radio equipment.
(3) "Commandant" means the Commandant of the Coast Guard.
(6) “consular officer” means an officer or employee of the United States Government designated under regulations to grant visas.
(9) “discharge”, when referring to a substance discharged from a vessel, includes spilling, leaking, pumping, pouring, emitting, emptying, or dumping, however caused.
(9) "discharge", when referring to a substance discharged from a vessel, includes spilling, leaking, pumping, pouring, emitting, emptying, or dumping, however caused.
(10) “documented vessel” means a vessel for which a certificate of documentation has been issued under chapter 121 of this title.
(10a) “Exclusive Economic Zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983.
(10) "ferry" means a vessel that is used on a regular schedule—
(A) to provide transportation only between places that are not more than 300 miles apart; and
(B) to transport only—
(i) passengers; or
(ii) vehicles, or railroad cars, that are being used, or have been used, in transporting passengers or goods.
(11) “fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, except marine mammals and birds.
(11) "fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, except marine mammals and birds.
(12) “foreign vessel” means a vessel of foreign registry or operated under the authority of a country except the United States.
(A) flammable or combustible;
(A) flammable or combustible;
(B) designated a hazardous substance under section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321); or
(B) designated a hazardous substance under section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321); or
(A) substantially changes the dimensions or carrying capacity of the vessel;
(A) substantially changes the dimensions or carrying capacity of the vessel;
(B) changes the type of the vessel;
(B) changes the type of the vessel;
(C) substantially prolongs the life of the vessel; or
(C) substantially prolongs the life of the vessel; or
(D) otherwise so changes the vessel that it is essentially a new vessel, as decided by the Secretary.
(D) otherwise so changes the vessel that it is essentially a new vessel, as decided by the Secretary.
(A) the navigable waters of the United States and the land and resources in and under those waters;
(A) the navigable waters of the United States and the land and resources in and under those waters;
(B) the waters and fishery resources of an area over which the United States asserts exclusive fishery management authority;
(B) the waters and fishery resources of an area over which the United States asserts exclusive fishery management authority;
(C) the seabed and subsoil of the outer Continental Shelf of the United States, the resources of the Shelf, and the waters superjacent to the Shelf; and
(C) the seabed and subsoil of the outer Continental Shelf of the United States, the resources of the Shelf, and the waters superjacent to the Shelf; and
(D) the recreational, economic, and scenic values of the waters and resources referred to in subclauses (A)–(C) of this clause.
(D) the recreational, economic, and scenic values of the waters and resources referred to in subclauses (A)–(C) of this clause.
(17b) “numbered vessel” means a vessel for which a number has been issued under chapter 123 of this title.
(A) for a foreign vessel or a vessel engaged on a foreign voyage, the greater of—
(A) for a foreign vessel or a vessel engaged on a foreign voyage, the greater of—
(i) 96 percent of the length on a waterline at 85 percent of the least molded depth measured from the top of the keel (or on a vessel designed with a rake of keel, on a waterline parallel to the designed waterline); or
(i) 96 percent of the length on a waterline at 85 percent of the least molded depth measured from the top of the keel (or on a vessel designed with a rake of keel, on a waterline parallel to the designed waterline); or
(ii) the length from the fore side of the stem to the axis of the rudder stock on that waterline; and
(ii) the length from the fore side of the stem to the axis of the rudder stock on that waterline; and
(B) for any other vessel, the horizontal distance of the hull between the foremost part of the stem and the aftermost part of the stern, excluding fittings and attachments.
(B) for any other vessel, the horizontal distance of the hull between the foremost part of the stem and the aftermost part of the stern, excluding fittings and attachments.
(A) means an individual carried on the vessel except—
(A) means an individual carried on the vessel except—
(i) the owner or an individual representative of the owner or, in the case of a vessel under charter, an individual charterer or individual representative of the charterer;
(i) the owner or an individual representative of the owner or, in the case of a vessel under charter, an individual charterer or individual representative of the charterer;
(ii) the master; or
(ii) the master; or
(iii) a member of the crew engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for on board services;
(iii) a member of the crew engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for on board services;
(B) on an offshore supply vessel, means an individual carried on the vessel except—
(B) on an offshore supply vessel, means an individual carried on the vessel except—
(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph;
(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph;
(ii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner;
(ii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner;
(iii) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer; or
(iii) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer; or
(iv) an individual employed in a phase of exploration, exploitation, or production of offshore mineral or energy resources served by the vessel;
(iv) an individual employed in a phase of exploration, exploitation, or production of offshore mineral or energy resources served by the vessel;
(C) on a fishing vessel, fish processing vessel, or fish tender vessel, means an individual carried on the vessel except—
(C) on a fishing vessel, fish processing vessel, or fish tender vessel, means an individual carried on the vessel except—
(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph;
(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph;
(ii) a managing operator;
(ii) a managing operator;
(iii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner;
(iii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner;
(iv) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer; or
(iv) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer; or
(v) an observer or sea sampler on board the vessel pursuant to a requirement of State or Federal law; or
(v) an observer or sea sampler on board the vessel pursuant to a requirement of State or Federal law; or
(D) on a sailing school vessel, means an individual carried on the vessel except—
(D) on a sailing school vessel, means an individual carried on the vessel except—
(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph;
(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph;
(ii) an employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a demise charter;
(ii) an employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a demise charter;
(iii) an employee of the demise charterer of the vessel engaged in the business of the demise charterer; or
(iii) an employee of the demise charterer of the vessel engaged in the business of the demise charterer; or
(iv) a sailing school instructor or sailing school student.
(iv) a sailing school instructor or sailing school student.
(A) carrying more than 12 passengers, including at least one passenger for hire;
(A) carrying more than 12 passengers, including at least one passenger for hire;
(D) that is a ferry carrying a passenger.
(A) is owned, or demise chartered, and operated by the United States Government or a government of a foreign country; and
(A) is owned, or demise chartered, and operated by the United States Government or a government of a foreign country; and
(B) is not engaged in commercial service.
(B) is not engaged in commercial service.
(A) being manufactured or operated primarily for pleasure; or
(A) being manufactured or operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the latter's pleasure.
(B) leased, rented, or chartered to another for the latter's pleasure.
(36) "riding gang member" means an individual who—
(A) has not been issued a merchant mariner document under chapter 73;
(B) does not perform—
(i) watchstanding, automated engine room duty watch, or personnel safety functions; or
(ii) cargo handling functions, including any activity relating to the loading or unloading of cargo, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go;
(C) does not serve as part of the crew complement required under section 8101;
(D) is not a member of the steward's department; and
(E) is not a citizen or temporary or permanent resident of a country designated by the United States as a sponsor of terrorism or any other country that the Secretary, in consultation with the Secretary of State and the heads of other appropriate United States agencies, determines to be a security threat to the United States.
(A) any subject related to that operation and to the sea, including seamanship, navigation, oceanography, other nautical and marine sciences, and maritime history and literature; and
(A) any subject related to that operation and to the sea, including seamanship, navigation, oceanography, other nautical and marine sciences, and maritime history and literature; and
(B) only when in conjunction with a subject referred to in subclause (A) of this clause, instruction in mathematics and language arts skills to sailing school students having learning disabilities.
(B) only when in conjunction with a subject referred to in subclause (A) of this clause, instruction in mathematics and language arts skills to sailing school students having learning disabilities.
(A) that is less than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title;
(A) that is less than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title;
(B) carrying more than 6 individuals who are sailing school instructors or sailing school students;
(B) carrying more than 6 individuals who are sailing school instructors or sailing school students;
(C) principally equipped for propulsion by sail, even if the vessel has an auxiliary means of propulsion; and
(C) principally equipped for propulsion by sail, even if the vessel has an auxiliary means of propulsion; and
(D) owned or demise chartered, and operated by an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under section 501(a) of that Code, or by a State or political subdivision of a State, during times that the vessel is operated by the organization, State, or political subdivision only for sailing instruction.
(D) owned or demise chartered, and operated by an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under section 501(a) of that Code, or by a State or political subdivision of a State, during times that the vessel is operated by the organization, State, or political subdivision only for sailing instruction.
(B)(i) Such term includes an individual who is on board an oceanographic research vessel only to—
(I) engage in scientific research;
(II) instruct in oceanography or limnology; or
(III) receive instruction in oceanography or limnology.
(ii) For purposes of clause (i), the age of an individual may not be considered in determining whether the individual is described in such clause.
(45) "sexual assault" means any form of abuse or contact as defined in chapter 109A of title 18, or a substantially similar offense under State, local, or Tribal law.
(46) "sexual harassment" means—
(A) conduct that—
(i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature if any—
(I) submission to such conduct is made either explicitly or implicitly a term or condition of employment, pay, career, benefits, or entitlements of the individual;
(II) submission to, or rejection, of such conduct by an individual is used as a basis for decisions affecting that individual's job, pay, career, benefits, or entitlements;
(III) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive work environment; or
(IV) conduct may have been by an individual's supervisor, a supervisor in another area, a co-worker, or another credentialed mariner; and
(ii) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive;
(B) any use or condonation associated with first-hand or personal knowledge, by any individual in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, benefits, entitlements, or employment of a subordinate; and
(C) any intentional or repeated unwelcome verbal comment or gesture of a sexual nature towards or about an individual by the individual's supervisor, a supervisor in another area, a coworker, or another credentialed mariner.
(A) carrying more than 6 passengers, including at least one passenger for hire;
(A) carrying more than 6 passengers, including at least one passenger for hire;
(B) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying more than 6 passengers;
(B) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying more than 6 passengers;
(36) “State” means a State of the United States, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of Columbia, the Northern Mariana Islands, and any other territory or possession of the United States.
(E) that is a ferry carrying more than 6 passengers.
(A) is a vessel of the United States;
(A) is a vessel of the United States;
(B) operates on the navigable waters of the United States; or
(B) operates on the navigable waters of the United States; or
(C) transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States.
(C) transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States.
(41) “undocumented” means not having and not required to have a document issued under chapter 121 of this title.
(A) of at least 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title—
(A) of at least 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title—
(i) carrying not more than 12 passengers, including at least one passenger for hire; or
(i) carrying not more than 12 passengers, including at least one passenger for hire; or
(ii) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying not more than 12 passengers; and
(ii) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying not more than 12 passengers; and
(B) of less than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title—
(B) of less than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title—
(i) carrying not more than 6 passengers, including at least one passenger for hire; or
(i) carrying not more than 6 passengers, including at least one passenger for hire; or
(ii) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying not more than 6 passengers.
(ii) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying not more than 6 passengers.
(44) “United States”, when used in a geographic sense, means the States of the United States, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of Columbia, the Northern Mariana Islands, and any other territory or possession of the United States.
(45) “vessel” has the same meaning given that term in section 3 of title 1.
(46) “vessel of the United States” means a vessel documented or numbered under the laws of the United States or titled under the law of a State.
(A) belonging to the armed forces of a country;
(A) belonging to the armed forces of a country;
(B) bearing the external marks distinguishing vessels of war of that country;
(B) bearing the external marks distinguishing vessels of war of that country;
(C) under the command of an officer commissioned by the government of that country and whose name appears in the appropriate service list or its equivalent; and
(C) under the command of an officer commissioned by the government of that country and whose name appears in the appropriate service list or its equivalent; and
(D) staffed by a crew under regular armed forces discipline.
(D) staffed by a crew under regular armed forces discipline.